2002-24972 Reso
RESOLUTION NO.
2002-24972
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO PART II: GOALS, OBJECTIVES AND POLICIES OF THE
CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT; BY
CLARIFYING AS "OTHER USES" THE CONDITIONAL USES WHICH ARE
REQUIRED TO GO THROUGH A PUBLIC HEARING PROCESS, AND THE
ACCESSORY USES WHICH ARE REQUIRED TO BE SUBORDINATE TO THE
MAIN USE, AS THEY MAY BE PERMITTED IN EACH LAND USE
CATEGORY; DIRECTING TRANSMITTALS OF THE ORDINANCE AND ALL
APPLICABLE DOCUMENTS TO AFFECTED AGENCIES
WHEREAS, recent creation of the West Avenue Bay Front Overlay District has created
a shift in the future land use needs of that specific area; and
WHEREAS, the ability of the industrial uses within the 1-1 Future Land Use category to
operate would be enhanced by allowing office uses on the second floor; and
WHEREAS, "other uses" in the Comprehensive Plan should be clarified as needing
further scrutiny and review on a case-by-case basis; and
WHEREAS, these regulations will ensure that the public health, safety and welfare will
be preserved in the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA; that a public hearing to consider the amendment
to the Comprehensive Plan of the City of Miami Beach, as described above, is hereby
scheduled on September 25, 2002 in the City Commission Chambers at 1700 Convention
Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to
publish and distribute the appropriate public notice of the public hearing at which time all
interested parties will be heard.
PASSED and ADOPTED this 11th day of
,2002.
ATTEST:
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CITY CLERK
MAYOR
APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION
AI;~
1-.5- ct2--
Date
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Set public hearing to consider an ordinance of the Mayor and City Commission amending Part II: Goals,
Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan, as amended, by
amending Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element by
clarifying "other uses" such as conditional uses and accessory uses as may be permitted in each land use
cate 0 in the Land Develo ment Re ulations of the Code of the Ci of Miami Beach.
Issue:
Shall the City Commission approve an ordinance that clarifies "other uses" in the City's Comprehensive
Plan, in order to reconcile the Land Development Regulations of the City Code with the Plan?
Item Summary/Recommendation:
The Administration recommends that the City Commission set the public hearing for September 25, 2002.
Advisory Board Recommendation:
At the July 23, 2002 meeting, the Planning Board voted unanimously (5-0, two members absent) to
recommend to the City Commission approval of the proposed ordinance.
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin :
Planning Department - Jorge G. Gomez/Mercy Lamazares
AGENDA ITEM
DATE
e70
'1-/1-0 ;L
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: September 11, 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez '\ . ^~
City Manager U 't' ~-O
COMPREHENSIVE PLAN AMENDMENT #2-02
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO PART II: GOALS, OBJECTIVES AND POLICIES OF THE
CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT; BY
CLARIFYING AS "OTHER USES" THE CONDITIONAL USES WHICH ARE
REQUIRED TO GO THROUGH A PUBLIC HEARING PROCESS, AND THE
ACCESSORY USES WHICH ARE REQUIRED TO BE SUBORDINATE TO THE
MAIN USE, AS THEY MAY BE PERMITTED IN EACH LAND USE
CATEGORY; DIRECTING TRANSMITTALS OF THE ORDINANCE AND ALL
APPLICABLE DOCUMENTS TO AFFECTED AGENCIES
ADMINISTRATION RECOMMENDATION
The Administration recommends that a first reading public hearing be set for September
25, 2002.
ANALYSIS
The purpose of the proposed amendment to the Comprehensive Plan (Plan) is to reconcile
the Land Development Regulations (LDRs) of the City Code with the Plan. Specifically,
the proposed amendment includes Bed and Breakfast Establishments in the RM-1 Future
Land Use (FLU) category within the Flamingo Park Historic District; offices in the 1-1 FLU
category; adding residential office, suite hotels, and bed and breakfast inns to the list of
permitted uses in the RM-1 FLU category within the West Avenue Bay Front District
Overlay; adding residential office to the RM-2 FLU category for the West Avenue Bay Front
District Overlay; and clarifying the "Other Uses" permitted within several of the FLU
categories.
Future Land Use categories
In 1992, the City Commission approved the inclusion of bed-and-breakfast use in RM-1
zoning districts that are within locally designated Historic Districts, subject to a number of
Commission Memorandum
September 11,2002
Setting public hearing - Comprehensive Plan Amendment #02-2
Page 20'6
criteria, however, the Plan was not amended at that time. Since only the Flamingo Park
Local Historic District qualifies for this use, this historic district is identified specifically in
this proposed amendment.
In the same light, the West Avenue Bay Front Overlay District, which was approved by the
City Commission on June 19, 2002, is also included as an amendment to the Plan. This
overlay district was created in an attempt to maintain the existing, low-scale character of
the West Avenue neighborhood, and residential office, suite hotel, and bed-and-breakfast
inn are three types of development identified that would help in the endeavor. Since RM-1
and RM-2 are the underlying zoning classifications, the proposed amendment to the Plan
includes office, suite hotel and bed & breakfast within the RM-1 future land use category,
and residential office within the RM-2 category but only for the West Avenue Bay Front
Overlay District.
Likewise, when the City Commission in October of 2001 adopted amendments to the land
development regulations for the 1-1 zoning district, the Plan was not amended. This
amendment proposes to correct that oversight by including office use to the list of
permitted uses within this FLU category. This amendment to the LDRs allows an office on
the second floor while prohibiting them from displacing ground floor industrial uses, which
is the main use of this district. This has the beneficial effect of allowing the Industrial uses
to maximize the productivity of their ground floor, and create a viable alternative for the use
of the upper floors of the existing structures.
Lastly, the change to the Residential Performance Standards text reflects that institutional
use is not a main permitted use, but a conditional use and thus added to the "Other Uses"
section of the Plan.
"Other Uses" section in the Future Land Use categories
The Future Land Use categories of the Plan also list "Other Uses." The "Other Uses"
section consists of uses that may be accessory uses, which are subordinate to the main
use, or uses which the City Code lists as conditional uses. A conditional use is a use that
would not be appropriate generally or without restriction throughout a particular zoning
district, but would be appropriate if controlled as to number, area, location on-elation to the
neighborhood. Conditional uses are therefore subject to a higher degree of scrutiny and
subject to specific conditions attached to each individual application.
The "Other Uses" section was not included in several of the future land use categories in
the 1994 Comprehensive Plan amendment. Thus, the proposed amendment to the Plan
includes language to indicate that accessory uses and conditional uses are subordinate
to the main use, or must go through a public hearing process. Staff believes that this
would allow flexibility to the process and not have to amend the Plan every time there is
an amendment to the LDRs.
Commission Memorandum
September 11, 2002
Setting public hearing - Comprehensive Plan Amendment #02-2
Page 3 of 6
The following sections show the proposed amendments to the Plan, as they will apply to
each of the FLU categories:
1. Low Density Multi-Family Residential Category (RM-1)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multi-family dwellings. Hotels are
permitted for properties fronting Harding Avenue or Collins Avenue, from the City
Line on the north to 73rd Street on the south. Bed and breakfast inns are permitted
in RM-1 only in the Flaminao Park Historic District and the West Avenue Bay Front
Overlay District. both of which are described in the Land Development Reaulations.
Residential office and suite hotel uses are permitted in the West Avenue Bay Front
Overlay District only.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category. as described in the Land Development Reaulations. which
are reauired to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateaory. as described in the Land Development
Reaulations. which are reauired to ao through a public hearina process as
prescribed in the Land Development Reaulations of the Code of the City of Miami
Beach.
2. Medium Density Multi-Family Residential Category (RM-2)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multiple family dwellings; apartment
hotels and hotels. Residential office uses are permitted in RM-2 only in the West
Avenue Bay Front Overlay District. as described in the Land Development
Reaulations.
Other uses which may be permitted are: adult congrogato Ii'ling facilitios; day cora
facilitios; nursing homos; religious, priv-ato, and public institutions; schools;
commorcial parking lots and garagos and non commorcial parking lots and garagos.
accessory uses specifically authorized in this land use cateaory. as described in the
Land Development Reaulations. which are reauired to be subordinate to the main
use: and conditional uses specificallY authorized in this land use cateaory. as
described in the Land Development Reaulations. which are reauired to ao throuah
a public hearina process as prescribed in the Land Development Reaulations of the
Code of the City of Miami Beach.
3. Light Industrial (1-1)
Uses which may be permitted: Light industrial and compatible retail, office and
service facilities.
Commission Memorandum
September 11, 2002
Setting public hearing - Comprehensive Plan Amendment #02-2
Page 4 0(6
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateqory. as described in the Land Development Requlations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateoory. as described in the Land Development
Requlations. which are required to 00 throuoh a public hearino process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
4. High Density Multi-Family Residential Category (RM-3)
Other uses which may be permitted are adult oongregate living faoilitios; day oare
facilities; nursing homes; religious, institutions, privato institutions publio institutions;
schools; commercial parking lots ond garages and non oommercial parking lots and
garagos. accessory uses specifically authorized in this land use cateqory. as
described in the Land Development Requlations. which are required to be
subordinate to the main use: and conditional uses specifically authorized in this land
use cateqory. as described in the Land Development Requlations. which are
required to qO throuoh a public hearino process as prescribed in the Land
Development Requlations of the Code of the City of Miami Beach.
5. Low Intensity Commercial Category (CD-1)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateqory. as described in the Land Development Requlations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateqory. as described in the Land Development
Requlations. which are required to qO throuqh a public hearinq process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
6. Medium Intensity Commercial Category (CD-2)
Other uses which may be permitted are accessory uses specifically authorized in
this land use category. as described in the Land Development Regulations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateoory. as described in the Land Development
Requlations. which are required to qO throuqh a public hearino process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach..
7. High Intensity Commercial Category (CD-3)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateqory. as described in the Land Development Requlations. which
are required to be subordinate to the main use: and conditional uses specifically
Commission Memorandum
September 11, 2002
Setting public hearing - Comprehensive Plan Amendment #02-2
Page 50'6
authorized in this land use cateoory. as described in the Land Development
ReQulations. which are required to 00 throuQh a public hearino process as
prescribed in the Land Development Reoulations of the Code of the City of Miami
Beach..
8. Residential I Office Category (RO)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateoory. as described in the Land Development ReQulations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateQory. as described in the Land Development
ReQulations. which are required to 00 throuQh a public hearinQ process as
prescribed in the Land Development ReQulations of the Code of the City of Miami
Beach..
9. Mixed Use Entertainment Category (MXE)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateQory. as described in the Land Development Reoulations. which
are required to be subordinate to the main use: and conditional uses specificallv
authorized in this land use cateoory. as described in the Land Development
Reoulations. which are required to 00 throuQh a public hearinQ process as
prescribed in the Land Development Reoulations of the Code of the City of Miami
Beach..
10. Residential "Performance Standard" Categories (RPS-1, & 2)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment/hotels. aM
institutional usos.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateoory. as described in the Land Development ReQulations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateoory. as described in the Land Development
ReQulations. which are required to QO throuoh a public hearinQ process as
prescribed in the Land Development ReQulations of the Code of the City of Miami
Beach..
11. Residential "Performance Standard" Categories (RPS-3, & 4)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment/hotels and hotels.
and institutional uses.
Commission Memorandum
September 11, 2002
Setting public hearing - Comprehensive Plan Amendment #02-2
Page 60f6
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateaory. as described in the Land Development Reaulations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateaory. as described in the Land Development
Reaulations. which are required to ao throuah a public hearina process as
prescribed in the Land Development Reaulations of the Code of the City of Miami
Beach.
12. Four Commercial "Performance Standard" Categories (CPS-1, 2, 3 & 4)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateQory. as described in the Land Development Reaulations. which
are required to be subordinate to the main use: and conditional uses specifically
authorized in this land use cateQorv. as described in the Land Development
ReQulations. which are required to go throuah a public hearing process as
prescribed in the Land Development ReQulations of the Code of the City of Miami
Beach.
Plannina Board Action
The subject amendment is a Text Amendment to the Comprehensive Plan of the City of
Miami Beach. As such, the Planning Board, as the land-planning agency for the city, was
required to hold a public hearing and to make a recommendation. The Board heard this
matter at a public hearing on July 23, 2002, and without any dissent from the public
present, the Board voted unanimously 5-0 (two members absent) to recommend to the City
Commission approval of the proposed amendment.
Conclusion
The proposed amendment requires a newspaper notice of public hearing at least seven
(7) days before City Commission hears this matter. To enable the City Commission to hold
a public hearing on the proposed amendment in a timely manner at its September 25, 2002
meeting, the Administration is requesting that the public hearing be set at this time.
JMG\C~JGG\ML
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